Divorce and maintenance
My wife with two kids filed divorce under India divorce act and maintenance case. Attend 3 meditation but didn't attend after tat and didnt file counter after 4 hearing. Today court, for divorce case ...
My wife with two kids filed divorce under India divorce act and maintenance case. Attend 3 meditation but didn't attend after tat and didnt file counter after 4 hearing. Today court, for divorce case ...
Dear Sir,
It is strategically better to participate in both cases, even if your wife is not interested in reconciliation. In the divorce case, you can file your counter (written statement) and take a clear stand—either opposing the divorce or consenting with conditions. Not filing a counter may lead to an ex-parte decree of divorce, which might not reflect your position or protect your rights fully.
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I want to take a divorce with my 2mnth old daughter . What will be the procedure & outcomes if taken mutually without any alimony but lifetime custody of my child
Dear Madam,
Mutual divorce is a smooth process if both parties cooperate, but custody and child support are always subject to the child’s best interests, not just mutual agreement. You should have a carefully drafted settlement agreement covering custody, visitation, and financial responsibilities to avoid future disputes. Consulting a family lawyer in Pune to structure this agreement properly would be highly advisable.
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Last question I got good reply with little correction My wife with two kids filed divorce under India divorce act and maintenance case. Attend 3 meditation but didn't attend after tat and didnt file ...
Dear Sir,
Your lawyer’s suggestion to reopen the maintenance case is practical because that is where your immediate financial liability arises. However, focusing only on maintenance and ignoring the divorce case is not ideal. If you do not appear or file a counter in the divorce case, the court may eventually pass an ex parte divorce decree, which will go against you without your version being recorded.
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My wife with two kids filed divorce under India divorce act and maintenance case. Attend 3 meditation but didn't attend after tat and didnt file counter after 4 hearing. Today court gave divorce for ...
Dear Client,
In your situation, the court treated the divorce and maintenance as two independent proceedings, which is why they are at different stages. Since you stopped appearing after mediation and did not file a written statement in the divorce case, the court proceeded ex parte and granted divorce based solely on your wife’s submissions, as there was no contest from your side.
However, the maintenance case involves determining financial support for the wife and children, which requires
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My husband mariner ,earing 25 lakhs age 36, nil property in his name but bought on his mother name,me with two kids filed divorce under indian divorce act and maintenance of 65krs. I don't have proper ...
Dear Client,
Maintenance and settlement will be decided based on your husband’s actual earning capacity and your needs. His present income of around Rs 25 lakh is relevant, and the court will also consider that you have two dependent children. A future plan to reduce salary will not automatically reduce his liability unless he proves genuine medical incapacity. Even then, the court looks at earning capacity, not just declared income.
You can proceed with interim maintenance and press for ear
Divorce case going on husband not attending court takes dates no maintenance since a year no financial disclosures but is a petitioner in Testamentary Petition. Can this help in my family court matte ...
Dear Client,
Yes, this can definitely work in your favour. If your husband is a petitioner in a Testamentary Petition, it indicates that he is either claiming rights over a will or estate, which directly reflects his financial capacity or expected assets this becomes relevant in your divorce and maintenance proceedings.
His failure to attend court, repeated adjournments, non-payment of maintenance, and non-disclosure of income can be raised as deliberate avoidance, and you can bring the Test
I am mariner ,earing 22 lakhs age 33, nil property in my name Wife with two kids filed divorce under indian divorce act and maintenance of 70krs. Wife nil property I have back pain issue, doctor advi ...
Dear client,
The plan must be carefully matched with both legal duties and long-term financial sustainability while handling divorce and maintenance conflicts under the Indian Divorce Act, particularly in cases involving protracted separation and dependent children.
In your case, the court will primarily consider your actual income, liabilities, way of living, medical condition, and the requirements of your wife and two children. You are a mariner who makes about ₹22 lakhs a year without any
My be they are ready for mutual seperation but they are not given my items and clothes. I have gold chain that my mother-in-law gave me and her expectations is if I want my clothes I need to give tha ...
Dear Client,
You have a legal right to recover your personal belongings including clothes and streedhan such as jewellery given to you, and your in laws cannot withhold them or impose conditions like returning a chain to release your items. Such acts amount to unlawful retention and can be challenged.
You should send a written notice demanding return of all your belongings and also consider filing a complaint under the Domestic Violence Act seeking return of streedhan, maintenance, and compens
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I am not ready to get a divorce but my wife left me and went her home and not talking with me and said I need a divorce
Dear Sir,
If you are not willing to consent to a divorce, your wife cannot unilaterally obtain a mutual divorce under the Hindu Marriage Act, 1955. In such a situation, she would have to file a contested divorce petition before the Family Court on legally recognized grounds such as cruelty, desertion, or others, and she must prove those grounds with evidence. Simply leaving the matrimonial home and demanding divorce is not sufficient by itself to automatically dissolve the marriage. You
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That is the problem sir i don't have any evidence.. and they calling my brother and they telling about me bad . I already visit police station and I gave complaint to stop these things but still I did ...
Dear Madam,
First, don’t worry too much about not having evidence right now.
In cases under the Hindu Marriage Act, 1955:
Evidence can be created and collected during the case
Courts accept:
Your oral testimony (your statement on oath)
Witnesses (your brother, neighbours, relatives)
Call records / messages (even later obtained)
Even mental harassment, defamation, and interference with family can amount to cruelty, which is a valid ground for divorce.
Do this step-by-step:
Give written co
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